Quite often, employees complain that they were not paid a salary upon dismissal. Where to turn in this case and how to act? It is important to fully understand this process, because your rights in such a situation are grossly violated. Moreover, no one is able to leave a citizen without earnings if he worked for a certain period of time. In Russia, all labor must be paid. Even when fired. Therefore, you must clearly understand how to act in this situation. A huge role here is played by the general picture of what is happening. This means that there are several options for solving the problem. And you choose which recommendations to use.
What should an employer
Dismissal is an unpleasant moment for both the employer and the employee. Regardless of how the process is going on (by personal desire or “according to the article”), the authorities are obliged to pay off each dismissed subordinate, as well as issue some documents of the citizen.
Before you quit (just in case, for safety reasons), go to your company's accounting department and ask for a statement of income (2-NDFL). The employer is obliged to issue it (on the basis of Articles 84.1 and 140 of the Labor Code) to you immediately after the termination of the employment contract. Also included:
- employment history;
- certificate of salary for calculation;
- Additional documents requested by the employee.
It is recommended, in addition to form 2-NDFL, to pick up “labor” in advance. Otherwise, you run the risk of being held hostage by the situation - after being fired, some employers simply do not give this document away. Keep this in mind. So if you didn’t pay your salary when leaving, where to go?
Official waiting
It has already been said: a lot depends on the situation. The first scenario is when the employee was officially employed. The most common scenario in Russia. Where to go if you didn’t pay your salary upon dismissal?
Before you start to openly fight with your employer, you have to turn to him. Why? Often, after paying taxes (and this is the holy duty of each company), the company simply does not have any free money left to make the calculation. In such a situation, you just have to wait until the funds appear. And then already from the employer to demand payment.
Your bosses will have to somehow document such situations. Indeed, otherwise the company violates the current legislation of Russia. And you will have every right to think where to turn if you do not pay your salary after leaving.
Solutions
It is worth paying attention to another very interesting fact. After you have fired and haven’t received the required payment (we’re still talking about official employment) You can contact some law enforcement agencies to protect your rights. There are not so many of them. But the direct appeal has many features.
You were not paid a salary upon dismissal? Where to go in this case, if the usual dialogue with the leadership did not help? There are several ways. You have every right to go:
- to the prosecutor's office in your area;
- to the labor inspectorate;
- to the police (if you know of other violations by the employer);
- to court.
As you can see, not everything is as difficult as it seems. True, some features of these processes are still there. You should be aware of them. Indeed, in some cases, you lose the opportunity to appeal to the above authorities.
Limitation of actions
The limitation period in our today's issue is extremely important. Did not pay salary upon dismissal? Where to go in this case? We have already found out. But time limits still exist.
Until you quit, the countdown will not begin. But immediately after the registration of this process, you will have exactly 3 months to appeal to the prosecutor or the court. After this period, you should not think more about what to do if the former employer does not pay salaries. Moreover, all this is established in accordance with the laws of the Russian Federation.
It turns out that you can protect your rights to receive payment after dismissal only in a certain period. How long the process will last is no longer so important. The main thing is that your first appeal should be no later than 3 months from the date of your official dismissal.
Calculation Rules
In the event of a delay in wages, the employer will in any case suffer one or another punishment. It doesn’t matter if he has the means to calculate it or not. The Russian labor legislation provides for a special calculation algorithm with subordinates. And it doesn’t matter if they quit or not.
The thing is that, according to Article 236 (TC), the employer is obliged in any case to pay with his employees. But with delays, a certain penalty is imposed. It is expressed in the amount of 1/300 of the Central Bank refinancing rate of the amount that they were obliged to repay on time. More precisely, it is not lower than this indicator.
In addition, the Labor Code states that the reduced interest rate will be charged additionally daily. The longer the employer does not pay off the debt, the higher will be the amount due each day. This should be known. At dismissal did not pay salary? What to do in such a situation? Warn about this feature with the penalties of your employer. Maybe he will instantly find the money to pay you? In practice, this happens, although quite rarely.
Labor inspection
After the dismissal did not pay salary? What to do? If peaceful conversations with the leadership have failed, you will have to act decisively. Namely, contact the appropriate authorities to protect their rights.
The first way is to contact the labor inspectorate of your area. Please note - there are no restrictions on the time of treatment. But the faster you go here, the better. Preferably before employment in a new company.
What needs to be done? Contact your labor inspector with a complaint to your employer. This document must be accompanied by evidence of management debt, as well as evidence that you worked for the company. There are no problems with this.
Further, the application will be considered for some time, but not more than 30 days. You will be given a response to the request - an executive order. It should be given to the employer. It will take 10 days to fulfill (namely, repay the debt). After this period, the labor prosecutor will independently go to court to further resolve the matter in higher instances.
The prosecutor
Where to go if they do not pay salaries after leaving? When it comes to long delays, it makes sense to just go to the prosecutor in your area. Take certain documents with you (a complete list will be presented later), and then write a statement complaining about your employer.
As in the previous case, the period for consideration of your request is 30 days. After you will receive an answer - an executive letter. It must be given to the employer for execution. In practice, the prosecutor himself resolves the problem by conducting a parallel check of your former boss. If any other violations are discovered, the employer will certainly be punished. In cases where the writ of execution is ignored, it makes sense to go to court.
Judicial authorities
After the dismissal did not pay salary? Where to go? This we already know - in the judiciary. In general, it is this scenario that occurs most often. There are a lot of developments, but the employer will be fully prepared to answer for his illegal acts only in the face of the court. It is this practice that occurs most often in Russia.
After the dismissal did not pay salary? What to do? Collect all the documents that prove the illegality of the actions of your superiors, and then go to the judicial district authorities. The simplest and most effective solution. Only in practice, the courts refuse to employees who did not try to come to an agreement with the management and who had no complaints except for the past (for example, did not go to the prosecutor). Get ready for it.
As in all past situations, you will be given 30 days to review the claim. After a hearing is appointed, which will reveal the fault of the employer. If you show enough evidence that you are right, the boss will be forced to pay the debt. Additionally you can request compensation for non-pecuniary damage (also a common technique used by employees). Not paid settlement upon dismissal? What to do, you now know. But what documents will be required for complaints and claims?
Documents
Of course, a package of papers for any appeal to the relevant authorities in order to protect their legal rights will be necessary. Without it, your application / lawsuit will not be considered. What is useful? The list of required documents includes:
- passport of the "injured";
- employment history;
- income statement (2-PIT);
- employment contract (copy);
- settlement sheet (taken in the accounting department of the company, preferably in advance).
In the end, you will still need to draw up a lawsuit or complaint with a detailed description of the situation. Nothing more is needed.
Unofficially
Where to go if you didn’t pay your salary upon dismissal, but you weren’t officially employed? Remember: such work is considered illegal. So, you’ll either have to come to terms with the situation and seek payments from the employer on your own, or find irrefutable evidence of your work in the enterprise.
If you manage to do this, you can act in the same way as any other official employees. True, you should not rush to court - it is better to act through the prosecutor. In practice, it is most often impossible for those who have not worked officially to defend their rights. That's all. You were not paid a salary upon dismissal? Where to go? Now it’s clear. Try to protect your rights as quickly as possible. Do not miss the statute of limitations!
